Online Gambling Fans Look to State Legislation

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While waiting for federal legislation legalizing online gambling -- a vote that could happen as early as -- individual states are looking to legalize online gambling as well.

States such as New Jersey, California, and are considering legislation that would permit online gambling within their states -- and which would also put them in a position for being a center of interstate gambling as well, should it be legalized on a federal level. "[D]ifferent players [are] attempting to use the political process as essentially a land grab – to position the legislation to give them either a monopoly or special position if intrastate wagering should become legal," noted Anthony Cabot, partner and gaming group leader at Lewis & Roca, in his blog.

In addition, with many states in dire financial straits, a piece of the estimated $48 billion that legalized online gambling could make for the U.S. is tempting. Other states, such as Florida, are concerned that without legalization, citizens will be taken advantage of by unscrupulous operators.

However, some say that gambling within a state -- even one as large as California -- isn't likely to attract enough people to make it viable to offer as many games and as big tournaments as offshore sites such as PokerStars and Full Tilt, where most U.S. online poker users currently play, unless such sites are shut down at the same time.

Meanwhile, companies interested in getting involved in Internet gambling are spending big money lobbying for it. "For the third quarter of 2009, internet gambling lobbying spend came in at approximately $3.65m, up 50 percent over the same period in 2008," said Chris Krafcik. Harrah’s, which he estimated spent $6,000 lobbying egaming in Q3 2008, spent approximately $875,972 in Q3 2009, while UC Group increased lobbying outlay to $727,424 during Q3 2009, up 20 percent over Q3 2008, he said.

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As noted back in 2010, the smart play for many online-gambling advocates was to push state-by‑state regulation rather than wait for a single federal solution. That strategy shaped the market: the U.S. Supreme Court’s 2018 decision removing PASPA left sports-wagering policy to the states, while the Department of Justice’s changing Wire Act advice has created pockets of legal uncertainty that still affect whether inter‑state play and shared liquidity are possible. (law.cornell.edu)

Two inflection points drove the rush to state regulation. The DOJ/FBI enforcement action of April 15, 2011 (“Black Friday”) against major poker operators exposed the real risk of offshore platforms to U.S. players and lawmakers, and pushed states toward regulated intrastate markets. New Jersey’s 2013 internet‑gaming statute established one of the first modern state regimes (with strong geolocation and server‑location rules), and other states followed with different models and tax structures. (archives.fbi.gov)

A core practical problem for a healthy regulated poker market has always been scale. States solved that by negotiating interstate compacts (the Multi‑State Internet Gaming Agreement is the best known example), letting licensed operators pool players across member states to support bigger games and tournaments. That arrangement — not federal preemption — is what made regulated U.S. poker competitive with offshore networks. (pokerfuse.com)

Practical checklist (condensed): players — use only operators listed by your state regulator; confirm geolocation/age checks, independent audits, segregated player funds, self‑exclusion and dispute procedures; avoid offshore sites that can’t show state licensing. Operators/marketers — expect large licensing fees, varying tax regimes, platform‑certification and local partnerships; retain gaming counsel early and plan for aggressive local competition and lobbying. These are the structural realities that turn the “land grab” mentioned into a long, regulated market rather than a single federal shortcut.

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